What is a Medical Malpractice Claim?

What is a Medical Malpractice Claim?

by | Nov 7, 2019 | 0 comments

Medical malpractice is when a patient has been harmed because their treating medical provider was negligent.  There are many different types of claims and they can include the following:


  • Wrongful Death – occurs when a patient dies as a direct result of the negligence of their physician or medical staff
  • Hospital Negligence – occurs when a hospital employee is negligent in the care of patients
  • Birth Injury – often complications arise during birth that could prevented if timely and properly diagnosed
  • Misdiagnosis – this is one of the most common medical errors and it occurs when a physician incorrectly determines your condition
  • Medication Errors – this occurs when a patient is prescribed the wrong medication or is given the incorrect dosage based on their condition
  • Surgical Mistakes –surgical procedures and can vary from mistakes made on the operating table to undergoing operations that were not medically necessary
  • Anesthesia Miscalculation – this is the negligent administration of anesthesia, usually during surgery


What are some Recoverable Medical Malpractice Damages?

Florida occupies a prominent position in many medical malpractice statistics compilations. Data compiled by the TrueCostofHealthcare.org estimated that between 2012 and 2016, the state averaged 51.86 claims per one million residents, ranking it number 8 in the nation.


If you or a loved one has suffered from medical malpractice, some of the damages you can recover include:


  • Medical injuries
  • Lost wages
  • Pain and suffering
  • Loss of Consortium


How do you prove a Medical Malpractice Claim?

The first thing is to determine what went wrong with the procedure or treatment. Then, an experienced South Florida or Southwest Florida medical malpractice attorney will determine the duty of the treating medical provider to ascertain if mistakes were made. Finally, your attorney will determine causation, which means what harm you suffered as a direct result of the mistake.


Weinstein & Cohen has been handling medical malpractice cases across Florida for over 30 years. We understand how insurance companies work. If you or someone you care about has been injured or involved in medical malpractice in South Florida or Southwest Florida, contact the Miami Lakes and Naples medical malpractice lawyers at Weinstein & Cohen at 305-374-1011 or 239-793-3331, or visit fairnessforall.com for an absolutely free and confidential legal consultation to learn more about your options.

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